Patrick Aririguzo Ksm V. Dr. Sylvanus Amaechi (2014)
LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL
PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment)
This is an appeal against the judgment of Imo State High Court Owerri, contained in the judgment of Hon. Justice NONYE OKORONKWO (NOW JCA) delivered on 29th day of July, 2011.
The Appellant as the Plaintiff instituted the action culminating in this appeal vide Writ of Summons issued out of the Lower Court on 27/4/2007. It was brought under the undefended list procedure. The Respondent was allowed to defend the action upon his Notice of intention to defend the reliefs sought by the Appellant which as per paragraph 27 of his statement of claim reads:
“Wherefore the Plaintiff claims against the defendant as follows:
- The sum of N860,000 being the balance of a friendly loan owed the plaintiff by the defendant not paid.
- N530,753.11 being specific damage as a result of loss of interest accruable on the loan by reason of the defendant not paying back the loan.
- N1,000,000 general damages.,’
In his Defence and counter claim the Defendant counter – claimed against the Appellant as follows:
COUNTER CLAIM
“1. The defendant/counter claimant claims against the claimant the sum of N640,000 (six hundred and forty thousand Naira) being the amount he owes the defendant made up as follows;
a. Friendly loan cash dated 10/3/2006 N50,000
b. Friendly loan dated 10/3/2006 N50,000 cheque
c. Friendly loan dated 20/3/2006 N50,000 cheque
d. Cheques dated 30/3/2005, 10/6/2005 and 13/12/2005 for N200,000; N50,000; and 100,000 respectively which the claimant converted to his own use till date.
e. N140,000 cash being the balance of N1,500,000 which the claimant withheld after transferring N1,360,000 to the defendant’s personal account.
Total 640,000.00
- The defendant adopts the averments in paragraph 2-38 of the Statement of Defence and incorporates same in this counter claim”
In the judgment delivered as aforesaid the Lower Court held as follows:
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